Joint statement by the Belarusian human rights community
August 21, 2024
The Belarusian human rights community notes an increase in the number of convictions and imprisonments under several defamation and desecration of state symbols articles of the Criminal Code of the Republic of Belarus, and for other actions aimed at the lawful exercise of the freedom of expression. We demand to put an end to the persecution of legitimate expression of views and, reaffirming our repeated calls to decriminalize defamation and to refrain from imposing custodial sentences for insulting officials, the state, government agencies, and symbols (as mentioned in the Joint statement of December 22, 2020), note the following:
At the moment we know about the following persons imprisoned for having insulted Alaksandr Łukašenka, officials (police officers), judges and desecrated state symbols:
- Michaił Łaźko, convicted under Article 369 of the Criminal Code for insulting a representative of the authorities; he was sentenced to imprisonment in a penal colony;
- Maksim Džumanijazaŭ, convicted under Articles 368 and 369 of the Criminal Code for insulting Alaksandr Łukašenka and a representative of the authorities; he was sentenced to imprisonment in a penal colony;
- Dźmitryj Šałak, convicted under Articles 368 and 369 of the Criminal Code for insulting Alaksandr Łukašenka and a representative of the authorities; he was sentenced to three years and six months of imprisonment in a penal colony;
- Pavieł Kučarenka, convicted under Article 203-1 of the Criminal Code for the transfer of personal data; he was sentenced to imprisonment in a penal colony;
- Andrej Hil, convicted under Article 369 of the Criminal Code for insulting a representative of the authorities; he was sentenced to two years of imprisonment in a penal colony;
- Jarvand Marcirasian, convicted under Article 368 of the Criminal Code for insulting Alaksandr Łukašenka; he was sentenced to two years of imprisonment in a penal colony;
- Siarhiej Barzaviec, convicted under Article 368 of the Criminal Code for insulting Alaksandr Łukašenka; he was sentenced to imprisonment in a penal colony;
- Jaŭhien Stralčeń, convicted under Articles 342 and 367 of the Criminal Code for participation in street protests and defamation of Alaksandr Łukašenka.
There is also information about the replacement of restriction of liberty with deprivation of liberty in relation to - Siarhiej Čarniecki, who was convicted under Article 391 of the Criminal Code for insulting a judge,
- Stanisłaŭ Amieljaniuk, who was convicted under Article 370 of the Criminal Code for desecrating state symbols.
We consider the persecution and imprisonment of the named individuals to be politically motivated, related to the peaceful exercise of expressing thoughts, and consider them political prisoners in accordance with paragraph 3.1(a) of the Guidelines on the Definition of Political Prisoners. We demand from the Belarusian authorities:
- Immediately release political prisoners Michaił Łaźko, Maksim Džumanijazaŭ, Dźmitryj Šałak, Pavieł Kučarenka, Andrej Hil, Jarvand Marcirasian, Siarhiej Barzaviec, Jaŭhien Stralčeń, Siarhiej Čarniecki, Stanisłaŭ Amieljaniuk and stop criminal prosecution against them.
- To adopt measures aimed at the decriminalization of defamation offenses and repeal the articles of the Criminal Code that provide liability for insulting the state, state symbols, and officials, namely Articles 188, 367, 368, 369, 369-1, 370, and 391 of the Criminal Code of the Republic of Belarus, and drop all ongoing criminal cases under these articles.
- Immediately release all political prisoners and stop political repression.
Human Rights Center “Viasna”;
PEN Belarus;
Belarusian Association of Journalists;
Lawtrend.